Probation Violation Consequences

Posted By
DiCaudo, Pitchford & Yoder

Some courts in Ohio do not take violating probation lightly and could really
punish the violator. In some cases, a judge could order you to serve the
remainder of your sentence in jail and can even add more jail time. Under
Ohio law, a prosecutor must show a “preponderance of the evidence”
that the violation occurred. This means that they must prove that it is
more likely than not that the probation has been violated. This results
in the likelihood that you can be convicted with much less evidence compared
to other criminal convictions that require proof beyond a reasonable doubt.

Ohio has two types of probation violations, technical and substantive.
The technical violation involve actions like changing your address without
permission, failing to pay a fine, or being late to a probation meeting.
Substantive violations are more serious and include committing a new crime.
If you are convicted of a new crime, you will receive a punishment for
that crime and have the probation rescinded from the previous offense.
The court can then reinstitute the original conviction and punishments
of the original crime even if you are not found guilty of the second crime.

Other forms of violating probation are:

●Failure to report a new employment status

●Failure to register as a sex offender

●Failure to complete court-ordered classes

●Failure to show up for a drug or alcohol test

●Violating the term of a domestic violence protective order

If you have arrested for violating your probation, contact an attorney
at DiCaudo, Pitchford & Yoder as soon as possible. We understand that
there is a possibility a mistake was made or a misunderstanding occurred.
Our legal team is available to represent you and fight to get a result
that is favorable for you.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.